Supreme Court · 2021 INSC 90 · Decided 16 February 2021
Kotak Mahindra Bank PVT. Limited v. Ambuj A. Kasliwal & ORS.
- Court
- Supreme Court of India
- Citation
- 2021 INSC 90 · [2021] 3 S.C.R. 1001
- Case number
- CIVIL APPEAL No. 538/2021
- Decided
- 16 February 2021
- Bench
- S.A. BOBDE, A.S. BOPANNA, V. RAMASUBRAMANIAN (3-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
Headnote
Recovery of Debts and Bankruptcy Act, 1993 - s.21 - Appeal before DRAT - Pre-deposit of the debt due - Waiver - Sustainability of - Held: In all cases fifty per cent of the decretal amount i.e. the debt due is to be deposited before DRAT as a mandatory reasons to be recorded the deposit of at least twenty-five per cent of the debt due would be permissible, but not entire waiver - When further amount is due and payable in discharge of decree/recovery certificate issued by DRT, the High Court does not have the power to waive the
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)